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Lord Hewart - The New Despotism (1929)

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Lord Hewart - The New Despotism (1929)


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THE RT. HON. LORD HEWART OF BURY, Lord Chief Justice of England (7 January, 1870 - 5 May, 1943).
"I will be no party to the doctrine," Lord Hewart said in a recent speech, "that a Lord Chief Justice, summoned to the House of Lords, as he is, not merely to vote, but also to advise, is condemned to a lifelong and compulsory silence on the affairs of State."

THE NEW DESPOTISM, a book of quite exceptional importance, is, in effect, the sequel to that speech. Every citizen of this country, from the least to the greatest, is directly and personally concerned with the encroachments of bureaucracy on public life. "Very few laymen are aware of the wide difference which exists between the rights of these parties (the Crown and the subjects of the Crown) as they survive to this day under the traditions of antiquated law and practice; and still less do they realise the gross injustice not infrequently inflicted upon individuals by the harsh and unconscionable exercise of certain rights which Executive Departments enforce, and which the Courts of law are powerless to disallow. . . . The existence of the fundamentally false and unconstitutional idea that the bureaucracy are a privileged class, not amenable in their official acts to the jurisdiction of the courts, is a danger to our traditional liberties which is obvious," said *The Times* in a leading article, and it is "these wide differences" and "this danger to our traditional liberties" which the Lord Chief Justice examines and condemns.

THE NEW DESPOTISM is fully documented and deals with these vital questions in a technical as well as a popular manner.



CONTENTS

CHAP.
I. THE NATURE OF THE QUESTION
II. THE RULE OF LAW
III. "ADMINISTRATIVE LAW"
IV. ADMINISTRATIVE LAWLESSNESS
V. THE SYSTEM AT WORK
VI. DEPARTMENTAL LEGISLATION
VII. THE INDEPENDENCE OF THE JUDICIARY
VIII. WHAT IS TO BE DONE?
IX. SOME LEADING CASES
X. EXAMPLES FROM STATUTES



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